In re M.M., 2016 IL 119932

DCFS filed neglect petitions for J.M. (9) and M.M. (10) after allegations their father, Larry, physically abused another child in the house; respondent mother Heather M. was initially unknown but later appeared and denied contributing to the injurious environment.
Parties stipulated at adjudication that the minors were neglected due to an injurious environment not involving physical abuse and the court expressly found the mother did not contribute to the injurious environment.
LSSI and the guardian ad litem reported the mother was stable, cooperating, completed parenting/domestic-violence classes, had mental-health diagnoses (on medication), and was recommended to remain a fit parent; the children were placed with paternal grandparents.
At disposition the State and guardian ad litem conceded the mother was fit but sought wardship and appointment of DCFS as guardian; the mother asked for custody and guardianship instead.
The trial court made the children wards, found the mother fit, but nonetheless appointed DCFS guardian and placed the children with DCFS without making written specific factual findings that the mother was unfit, unable, or unwilling to care for the children.
The appellate court reversed and remanded for explicit findings under section 2-27(1) of the Juvenile Court Act; the State appealed to the Illinois Supreme Court.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether section 2-27(1) allows placement with DCFS based solely on child’s best interests without first finding parental unfitness, inability, or unwillingness	State: court may place a ward with a third party if best interests require it, even absent a parental-unfitness finding	Respondent: trial court already found her fit; placement with DCFS was improper without findings and remand unnecessary for custody to be returned to her	Court: section 2-27(1) requires written findings that parent is unfit, unable (other than solely financial reasons), or unwilling before committing a minor to DCFS; remand for such findings is required

Troxel v. Granville, 530 U.S. 57 (2000) (parental liberty interest and presumption that fit parents act in child’s best interests)
In re R.L.S., 218 Ill. 2d 428 (2006) (statutory scheme must afford deference to fit parents before guardianship over parent’s objection)
Williams v. Staples, 208 Ill. 2d 480 (2004) (statutory construction reviewed de novo)
In re Madison H., 215 Ill. 2d 364 (2005) (section 2-27 concerns placement when State does not seek termination)
DG Enterprises, LLC-Will Tax, LLC v. Cornelius, 2015 IL 118975 (2015) (conjunctive “and” in statute indicates legislative intent that all listed requirements be satisfied)